Day 7: Proving Negligence in South Carolina Personal Injury Claims

In personal injury cases, proving negligence is essential to secure compensation for your injuries. Negligence is the failure to exercise reasonable care, resulting in harm to another person. In South Carolina, to win a personal injury claim, you must demonstrate that the defendant’s negligence caused your injury. Here’s a comprehensive guide on proving negligence in South Carolina personal injury claims.

The Four Elements of Negligence

To establish negligence, you must prove the following four elements:

1. Duty of Care:

○ The defendant owed you a duty of care. This means they had a legal obligation to act with reasonable care to prevent harm. For example, drivers have a duty to follow traffic laws and drive safely to avoid accidents.

2. Breach of Duty:

○ The defendant breached this duty of care. A breach occurs when the defendant’s actions or inactions fail to meet the standard of care. For instance, a driver who runs a red light breaches their duty to follow traffic laws.

3. Causation:

○ The defendant’s breach of duty directly caused your injury and “proximately” caused your injury (in other words, that it was reasonably foreseeable that your breach could cause the harm). You must show a direct link between the defendant’s actions and your injury. This is often the most challenging element to prove, requiring clear and convincing evidence in a preponderance of the evidence.

4. Damages:

○ You suffered actual damages as a result of the defendant’s actions. Damages can include medical expenses, lost wages, pain and suffering, and other losses.

Collecting Evidence

Proving negligence requires substantial evidence. Here are the key types of evidence you’ll need:

1. Accident Reports:

○ Official reports from law enforcement or accident investigators provide critical details about the incident and can support your claim.

2. Witness Statements:

○ Testimonies from witnesses who saw the accident or relevant events can corroborate your account and establish the defendant’s negligence.

3. Medical Records:

○ Detailed medical records documenting your injuries, treatment, and prognosis are crucial. They connect your injuries to the accident and quantify your damages.

4. Photographs and Videos:

○ Visual evidence of the accident scene, your injuries, and any property damage can be compelling in proving negligence.

5. Expert Testimony:

○ Experts, such as accident reconstruction specialists or medical professionals, can provide authoritative opinions that support your case.

Comparative Negligence in South Carolina

South Carolina follows a modified comparative negligence rule. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages. For example, if you are awarded $100,000 in damages but found to be 20% at fault, your compensation will be reduced to $80,000.

The Role of Your Attorney

An experienced personal injury attorney is invaluable in proving negligence. Here’s how they can help:

1. Case Evaluation:

○ Your attorney will assess the details of your case, gather evidence, and determine the viability of your claim.

2. Evidence Collection:

○ They will collect and organize the necessary evidence to build a strong case. This includes obtaining accident reports, interviewing witnesses, and consulting experts.

3. Legal Strategy:

○ Your attorney will develop a legal strategy tailored to your case, ensuring all elements of negligence are effectively proven.

4. Negotiation:

○ They will negotiate with insurance companies and the defendant’s legal team to seek a fair settlement.

5. Representation in Court:

○ If a settlement cannot be reached, your attorney will represent you in court, presenting your case to a judge or jury.


Proving negligence in South Carolina personal injury claims involves demonstrating that the defendant’s actions proximately caused your injuries and resulted in damages. This requires thorough evidence collection and a clear understanding of legal principles. If you’ve been injured due to someone else’s negligence, contact The Bill Connor Law Firm for expert legal guidance and representation to ensure you receive the compensation you deserve.