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
  • 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. 

If you think you have a personal injury claim, contact an experienced, personal injury lawyer who knows how to protect your rights and get you the benefits you need. South Carolina Personal Injury Attorneys at The Derrick Law Firm strive to obtain the full value of your case, outwork their opponents, and treat you like family.

For a free consultation, call The Derrick Law Firm at 843-248-7486.