How Can I Prove Negligence Occurred During a South Carolina Personal Injury Claim?

David W. Martin Law Group personal injury attorneys in South Carolina understand that people get hurt every day while traveling our roadways, crossing the street, or even when seeking medical care in a professional facility.

Before we can legally and successfully pursue a claim for South Carolinians who were injured or lost a loved one to wrongful death, we must prove negligence actually occurred.

Here is how we reach the legal threshold to move forward with our clients’ important claims.

What is the Definition of Negligence During a South Carolina Personal Injury Claim?

The legal definition of negligence in South Carolina is the failure to use reasonable care, resulting in damage or injury to another.

These preventable injuries or loss of life can occur anywhere when negligence is a factor.

That includes common places like:

If you or someone you love has been injured or lost their life to negligent actions, inaction, or conditions, contact our skilled South Carolina personal injury lawyers for a consultation today.

Proving the Four Major Factors of Negligence During a Personal Injury Claim in South Carolina

In South Carolina, injury victims or those who have lost a loved one to wrongful death, are referred to as the plaintiff during a personal injury claim. To successfully pursue the negligent party who caused their injuries or the loss of their loved one, we must prove four important factors.

They include:

  • The negligent party, also called the defendant, was responsible to provide a duty of care.
  • The defendant breached the duty of care.
  • The defendant’s actions caused an injury to the plaintiff.
  • The injury caused actual harm – which is typically in the form of financial damages – to the plaintiff.

At the David W. Martin Law Group, our dedicated personal injury lawyers in South Carolina review each of our prospective client’s cases to ensure we can prove all four elements, so they know whether their case qualifies for the pursuit of damages during a consultation.

What If I Am Partially At Fault for the Injurious or Fatal Incident That Led to My Personal Injury Claim?

Typically, the insurance representative will attempt to develop a strategy to avoid paying for our client’s complete damages. In South Carolina, that could mean citing Comparative Fault. Comparative fault is a circumstance where the plaintiff was also negligent in some significant way that contributed to his or her own injury and is responsible for more than 50% of the fault, he or she is not entitled to receive compensation.

If you or a loved one has been hurt in an accident you believe was caused by negligence, contact our skilled South Carolina personal injury lawyers today to determine whether your case meets the legal requirements to proceed with a claim.

Contact the David W. Martin Law Group in South Carolina Today

Contact our skilled South Carolina personal injury lawyers at the David W. Martin Law Group today by calling (803) 548-2468 to learn more about your legal rights and options to hold the negligent party — or combination of parties — liable for your complete recovery needs.

We provide consultations for all personal injury cases in South Carolina, and never charge any legal fees unless we deliver a positive outcome for your unique case.

Read More
How To File A South Carolina Injury Claim With Usaa Online


Message Us

David W Martin Law Group Logo

(803) 548-2468

Call today to be our next satisfied legal client.

David W. Martin Law Group

108 Springs Street
Fort Mill, SC 29715-1722
(803) 548-2468

1061 Red Ventures Drive, Suite 145
Fort Mill, S.C. 29707
(803) 548-2000

910 E. North Street
Greenville, SC 29601
(803) 590-1958

324 East St. John Street, Suite F-2
Spartanburg, SC 29302
(864) 606-0053

331 Oakland Avenue
Rock Hill, SC 29730
(803) 985-9200

110 Trader’s Cross, 1st Floor
Bluffton, SC 29909
(843) 949-4354

2411 N. Oak Street, Suite 307B, 3rd Floor,
Myrtle Beach, SC 29577
(854) 854-5623

1240 Winnowing Way,
Suite 102 Office 1120
Mt. Pleasant, SC 29466
(843) 800-8165

Columbia office

1501 Main Street,
Suite 507, Columbia, SC.

Contact Us

Text Us