Personal Injury Lawyer in Orangeburg South Carolina
- South Carolina LAW: Know The Facts
Personal injury law is a type of civil law dealing with provision for monetary compensation to victims of accidents or social wrongs. The person or persons that have been injured bringing the lawsuit are referred to as the "plaintiff," and the people or entity supposedly responsible for the injury are called the "defendants." In cases of fatal accidents, the family of the decedent may bring a wrongful death suit against the person or entity that is responsible for the accident.
In some instances, there may be multiple parties responsible, and the plaintiff may be able to sue all involved to recover the full amount of compensation required for their injuries. The defendant, may, in turn, allege that another person or entity was at fault and bring that person or entity into the claim as a cross-defendant.
The burden of proof in personal injury cases is usually less than the burden of proof for criminal claims arising out of the same conduct.
The goal in a personal injury lawsuit is commonly to recover monetary compensation, instead of punishing the defendant. Nevertheless, in some cases, punitive costs may be sought and given for particularly extreme or ill-disposed misconduct by a defendant.
Types of Negligence
Personal injury lawsuits in South Carolina may occur from many different situations, such as vehicle accidents, premises liability, medical malpractice, or even nursing home neglect or abuse. Most forms of injuries are the result of negligent or reckless conduct, rather than deliberate manner. In many states, a plaintiff claiming negligence will need to prove first the defendant's responsibility of care, second the defendant's negligence of that duty, third actual causation, forth proximate causation, and finally actual injuries or damages.
A defendant's responsibility varies depending on the state and the circumstances. However, everyone has a duty to provide reasonable care to avoid the risk of foreseeable harm to others. For instance, a person who is under the influence of drugs or alcohol should not operate a vehicle due to the significant risk that he or she will get into a car accident causing harm to others and even themselves. It also means that if a retailer sees a hole in the parking lot of their business, that retailer is responsible for warning customers about the dangerous conditions on the property if they fail to meet the proper requirements it can result in a premises liability lawsuit against the people in charge of it.
Similarly, a medical provider has a duty to act in the same manner as any other reasonable doctor with similar training and expertise would act. They must order the proper tests or refer a patient to a specialist when faced with a possible diagnosis of a specific disease. A doctor who does meet the professional standards of care may be subject to a medical malpractice lawsuit.
A plaintiff's failure to provide proof for any of the claimed negligence may cause a case to be dismissed or in the defendant avoiding liability. If there are too many intervening issues between the defendant's breach and a plaintiff's injury, the defendant's breach may not be deemed the "proximate" or legal cause of the injury.
Types of Compensation
In many personal injury cases, a plaintiff may obtain economic and noneconomic compensatory losses, such as past and future medical costs, out-of-pocket costs, lost income, household help, vocational rehabilitation, and pain and distress.
Financial damages are those that are bound to tangible losses, usually shown by submitting documentation. Sometimes a plaintiff can try to obtain all of his or her monetary damages, including lost wages and medical costs. In some states, pain and suffering or other nonfinancial damages have a "cap" in all personal injury claims, or sometimes just in medical malpractice cases. A "Cap" means that a plaintiff cannot recover more than a set amount of damages
If you are looking for a Personal Injury Attorney in Orangeburg South Carolina Contact Bill Connor at the Bill Connor Law Firm.