Suffering a serious accident can leave victims in a challenging position. One of the most critical decisions that you may make is selecting an attorney to represent you in any legal action against the defendant who caused your injuries. In many situations, a family’s future well-being depends on receiving sufficient compensation to move forward after an injury or the wrongful death of a loved one. At the Knie & Shealy Law Offices, we strive to treat every client in the way that we would want to be treated in a similar situation. Compassionate injury attorney Patrick E. Knie has represented many individuals in Spartanburg and elsewhere in South Carolina. He understands that communication is paramount when it comes to handling a case effectively and efficiently.Asserting Your Rights Through a Negligence Claim
In most types of personal injury cases, the plaintiff must show that the defendant acted negligently. There are four steps to proving that someone was negligent: duty, breach, causation, and damages. The element of duty examines the nature of the defendant’s conduct and analyzes whether that conduct comports with the legal standard of care that was appropriate for the situation. While the standard varies in some situations, we are generally required to act with the same ordinary care and skill that the ordinary person would use in a similar situation. The second element of a negligence case requires the plaintiff to prove that the defendant failed to act according to this standard.
In the context of a car accident, the duty of care would require an examination into the defendant’s driving pattern and behavior at the time of the collision. If the defendant violated any traffic laws, for example, the plaintiff might be able to provide evidence of these violations to establish that the defendant acted negligently. Moreover, a breach of duty can happen even if the defendant did not break a law, such as when someone recklessly drives too fast for weather or road conditions.
The third element of a negligence claim requires the plaintiff to prove that he or she would not have been hurt but for the defendant’s failure to act according to the standard of care. Referred to as causation, this element may be somewhat technical and also includes an investigation of whether the accident was a foreseeable result of the breach. Proving that the defendant’s breach caused your injuries may require the supporting testimony of a doctor who treated you or an accident reconstructionist.
After proving the first three elements of a negligence claim, the defendant must provide evidence of his or her damages. In the case of a motor vehicle collision, most victims incur substantial medical bills, including expenses for medication, physical therapy, rehabilitation, and in-home care. Depending on the extent of the injuries, a victim may also be forced to stay home from work or may be permanently unable to return to work. If this happens, he or she may be entitled to compensation for lost income or loss of future earning capacity. There also may be subjective, non-economic damages to pursue, such as pain and suffering.Consult a Knowledgeable Greenville & Spartanburg Attorney After an Accident
Attorney Patrick E. Knie has proudly served the legal needs of South Carolina residents for over 40 years. After spending several years working as a senior partner in a large law firm, he has dedicated his practice to providing dedicated and compassionate attention to victims of car accidents and other preventable events in the Spartanburg area. A skilled lawyer can help you pursue the compensation that you need to recover. Our law office combines the resources, skill, and aggressiveness of a large law firm with the personal attention and care of a small-size firm. We have represented accident victims in many regions of South Carolina, including in Greenville, Union, Cherokee, and Laurens Counties. Call us at (864) 582-5118 or contact us online to set up a free consultation.