What is a Personal Injury Claim?

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.

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
  • 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. 

Have You Suffered A Personal Injury Due To The Neglect Of Others?

If you've been hurt due to the neglect of someone else you need to speak with an experienced personal injury lawyer as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.248.7486 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.