What is a Personal Injury Claim?


A personal injury claim is a legal right a victim has if he or she is injured by the negligence, recklessness or intentional act of another.

These claims arise from a number of circumstances, including, but not limited to:

  • car wrecks
  • truck accidents
  • motorcycle crashes
  • pedestrians or bike riders being struck by a vehicle
  • jet ski and boat accidents
  • defective products cause injuries
  • intentional assaults or actions that lead to injuries or death


In South Carolina, negligence is defined as: "the absence of due care or ordinary care. It is the failure to exercise due care as a person of ordinary reason and prudence would exercise in the same circumstances."

Recklessness means "the conscious failure to exercise and observe reasonable or due care. Recklessness implies the doing of a negligent act knowingly."

In order to recover for personal injuries sustained due to someone else's conduct, you usually have to prove:

  1. At least negligence on the other person's behalf;
  2. Damages sustained by you; and
  3. That the damages were caused by the other person's negligence.