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