Several negligent accidents can be classified as personal injury accidents. Personal injury accidents are accidents that result from someone’s negligence. While accidents occur spontaneously, some accidents are preventable. Think of motor vehicle accidents, dog bite injuries, and medical malpractice.
Severe damage can occur from these dangerous accidents. When you are the victim of a personal injury accident, you may be able to be compensated for the damages you’ve sustained. Before taking the next step in the legal process, you should speak with a Columbia personal injury attorney from the Shelly Leeke Law Firm.
The Elements of a Personal Injury Case
An accident must have occurred from another person’s wrongful actions to be considered a personal injury. A car accident that a drunk driver causes is considered a personal injury accident. The accident occurred because of the drunk driver’s negligence. To determine whether a person’s actions are wrongful, they must meet the following elements of negligence.
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The Elements of Negligence
In civil law, negligence is the legal standard that all wrongful actions must meet. If a person’s actions meet the following elements, those actions may be considered negligent:
- Duty of care. This element may be met if the person owed a victim a specific duty of care.
- Breach of duty. This element may be met if the person’s actions violated the duty of care owed to the victim.
- Causation. This element may be met if there is a link between the person’s careless actions and the victim’s harm.
- Damages. The types of damages may prove this element that the victim has sustained from the accident.
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Accidents that Our Personal Injury Attorneys Handle in South Carolina
In addition to car accidents, several accidents can fall under personal injury, including:
- Chemical exposure
- Dog bite attacks
- Nursing home abuse
- Workers’ compensation
- Wrongful death
- Wrongful termination
Any accident where a party fails to uphold the duty of care owed to another individual may be considered a personal injury accident.
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How Personal Injury Accidents Happen in Columbia
An accident cannot be considered a personal injury accident based on its nature. Not all car accidents, for example, qualify for personal injury claims. For you to file a personal injury claim against someone, that person must have caused you serious harm due to their deliberate negligence.
You would have to prove that the person’s actions were so negligent that they caused serious harm to your physical and mental well-being. A majority of personal injury accidents happen because of an act of carelessness or recklessness. In a personal injury accident, the defendant is required to meet a specific duty of care.
You must prove that this duty of care was deliberately violated and that someone else in a similar position would not have violated that duty of care owed to you. Talk to a personal injury lawyer in Columbia, SC, today about the accident that caused your injuries.
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Common Consequences of Personal Injury Accidents
Personal injury accidents can result in severe damage to victims. The injuries sustained from an accident can range from temporary to catastrophic. Victims could suffer from serious injuries like spinal cord injuries, brain injuries, burn injuries, birth injuries, and amputations.
Some victims could succumb to injuries and pass away weeks or months after an accident. These injuries can cause lifelong consequences for victims and their families. When you are a victim of a personal injury accident, you may be able to sue for your damages and be compensated financially. Speak with a personal injury attorney in Columbia, SC, today.
Damages You Can Claim in a Personal Injury Case
In a personal injury claim, you could sue for medical expenses, lost wages, emotional distress, and loss of enjoyment of life. If there was any property damage to your vehicle in the accident, you could also list that as damage.
Any repercussion of the accident that has cost you physically, mentally, or financially could be considered damage in your claim. Some personal injury claims allow for unique damages. In wrongful death claims, for example, you would be allowed to list any burial expenses as damages.
How to Prove Damages in a Personal Injury Claim
The evidence that you provide for your injury claim must be able to prove your damages from the accident. Some common forms of evidence include copies of police reports, medical records, witness testimony, and video footage of the accident.
These forms of evidence can verify the nature of your medical injuries, missed time from work, and pain and suffering from the accident. The more evidence you include in your claim, the more credible your damages may seem. Always consult with a Columbia personal injury lawyer after suffering an injury in any type of accident so you can begin the claims process.
How a Personal Injury Attorney in Columbia, SC, Can Help You
You may be filing a personal injury claim for the first time. The process for filing can be complex in itself. After filing, you may have to create a strategy to help you negotiate with the other person’s insurance company. The insurance company will be responsible for providing your compensation should your claim be successful.
Insurance companies want to avoid liability at all costs. They will attempt to discredit your claim and even threaten to take your claim to trial. That is why you need a personal injury attorney in Columbia, SC, who can protect your legal interests.
Talk to the Shelly Leeke Law Firm About Your Accident Injuries Today
At Shelly Leeke Law Firm, our injury lawyers can assess the facts of your claim and determine the best method for success. Personal injury attorneys in Columbia, SC, know how to calculate damages, gather the strongest evidence for claims, and negotiate against insurance agents. Our personal injury lawyers are here to help victims who have suffered at the hands of another person’s negligence.
Our personal injury attorneys can craft a successful strategy to help you achieve the outcome you deserve for your claim. Contact us online to schedule a free case evaluation.
Call or text 1-844-736-8342 or complete a Free Case Evaluation form
