In most personal injury claims—including the claims we handle here at Solomon Law Group—victims and their injury attorneys hold individuals, businesses, and groups accountable for wrongful or unlawful actions by proving a concept we call “negligence”. Negligence, by its simplest definition, is the failure to use reasonable care or act reasonably to avoid harming someone. If you’ve been wrongfully harmed by a company, professional, or individual, you may need the help of a Columbia, SC negligence lawyer.
As humans in a civil society in America, we all have a duty to prevent injuring one another or other businesses, groups, or entities whenever and however possible. As part of that duty, we’re expected to take actions that are considered reasonable to prevent causing harm. When we drive a car, for example, we’re expected to follow traffic laws and pay attention to the road to avoid causing an accident. When we drive under the influence of alcohol or speed recklessly, we’re acting negligently.
This concept of negligence makes most personal injury claims possible. In the case of a car accident lawsuit, it must be proven that a driver acted negligently and caused an accident or that an insurance company acted negligently by failing to provide an injury victim with a fair settlement offer. In the case of a wrongful death lawsuit, it must be proven that an individual, corporation, or entity caused the death of a loved one and that incident could have been prevented if negligence had not occurred.
Essentially, negligence claims ask a simple question: “Could an incident have been prevented had an individual or company considered the safety of others and acted appropriately?” If the answer to that question is “Yes”, then that lawsuit may succeed in a South Carolina courtroom.
Proving Negligence is Step #1 to a Successful Injury Lawsuit
In almost every type of injury claim, negligence is vital to proving a legal case exists. In cases involving corporations, businesses, or entities, it’s even more vital to prove that negligence occurred and display exactly how it occurred. Lawsuits against businesses and corporations are some of the most difficult to fight due to how complex these cases can be. At Solomon Law Group, we understand the complexities of complicated negligence claims and have the expertise to help our clients succeed with these cases.
The negligence attorneys at Solomon Law Group handle all types of injury cases in South Carolina that focus on corporation-based negligence, including but not limited to:
- Medication Errors – When a doctor prescribes the wrong medication or dosage or when you’re given the wrong prescription or dosage by a pharmacist, you may suffer due to a mistake that could have been prevented.
- Product Liability – The products we purchase are tested and supposed to be safe for use. If you were injured by a product that was used as intended, it’s possible that the manufacturer, engineer, or distributor was negligent in creating, producing, or packaging the item.
- Auto Defects – If a car or other type of vehicle malfunctions or a part breaks while the vehicle is in motion, the defect may cause an accident. If it can be determined that the accident occurred due to negligent manufacturing or poor engineering, you may be able to collect compensation that can go towards recovery costs and more.
How Do Negligence Claims Work?
To prove that a corporation, manufacturer, hospital, doctor, insurance company, or any other type of defendant (the person, group, or entity you are suing) is guilty of negligence, you and your injury attorney will need to prove the following four points:
- The defendant had a legal duty to you given the circumstances. This can be proven by showing that a doctor, for example, initiated a care plan with you, or that you signed a user agreement for a new car.
- The defendant breached that legal duty or contract by acting or failing to act in a certain way. This is proven by your injury.
- The defendant’s actions (or inactions) caused your injury. Your injury must connect directly to the circumstances of the claim. This point is often referred to as causation and tends to be the most difficult point to prove in a personal injury case.
- Your injuries were serious enough to result in permanent damage or a long-lasting condition that affected your life in a negative way.
Depending on the type of claim, you may also have to prove that you had no part in causing the injury yourself. In resolving a product liability claim, for example, you’ll have to prove that you were using the item as intended.
Negligence lawsuits can be incredibly complex in the state of South Carolina. You’ll need the expertise of a personal injury law firm that can build a strong case using thorough evidence and expert testimony.
Our Columbia, SC Negligence Attorneys Have Your Back
Solomon Law Group has the experience your case requires. We focus on our clients on a one-on-one level to ensure we deliver a claim that’s as strong as possible. Our caring and compassionate South Carolina negligence lawyers make it a priority to focus on our clients and their families in their time of need.
To learn more, contact our Columbia office today.