It's good to have as much information as possible before you begin pursuing a personal injury claim in South Carolina. You don't need to have an exhaustive knowledge of the personal injury system, of course, but it's always better to know as much as possible.
This page will provide you with some important information about the basic elements of a personal injury claim. We hope it will help you as you conduct your research into possible attorneys.
And we urge you to speak with our personal injury lawyer as soon as possible after your accident. Doing so will go a long way toward protecting your legal rights and enabling your pursuit of justice and compensation.
If you live in South Carolina and need an experienced personal injury lawyer, please call the Law Office of Bill Nettles today at (803) 828-6126.
What You Need to Win a Personal Injury Case
Legal traditions are built up over centuries of active jurisprudence. Courts in South Carolina and throughout the country decide cases based on an elaborate set of precedents. This is no less true of personal injury claims.
Here are the elements of a successful personal injury action:
- Duty: First, you (and your lawyer) must demonstrate the presence of a duty between you and the person or party you're suing. This duty doesn't have to be explicitly laid out in a contract, as there are certain implicit duties we all have to do the people we interact with on a daily basis.
- Breach: The next step is to demonstrate that the other person breached that duty in some way. For example, in a defective medical device case, the manufacturer breached its duty to you by making a shoddy, dangerous product.
- Harm: There is, of course, no case without harm. You must be able to demonstrate that you suffered physical and financial damage and that this harm was significant – a sprained ankle is a harm, for example, but it does not justify a personal injury suit.
- Causation: As a final step, you have to demonstrate the link between the breach and the harm- you have to prove that the defendant's actions caused your harm. In our defective medical device example, this means proving that the defect in the device caused your specific illness or injury.
This all might sound a bit formulaic and simple, but we assure you, it's not. Proving all of these elements requires an experienced personal injury lawyer who has conducted a thorough investigation and has the evidence required to back up your claims.
You can trust in Mr. Nettles to do the hard work necessary to make your case.
If you need an experienced personal injury lawyer in South Carolina, please call the Law Office of Bill Nettles today at (803) 828-6126.