Vehicle collisions and falls cause most of the injury-related deaths in South Carolina. Legally, both these incidents usually involve negligence or a lack of care. There are some significant differences between these two types of claims. However, in many ways, they are basically the same. For example, regardless of the specifics, most injury claims settle out of court. And, in most cases, an insurance company, not an individual, is financially responsible for these settlements.
Furthermore, diligent evidence collection, sharp legal advocacy, and good negotiation skills are necessary to ensure maximum compensation. When an Anderson personal injury attorney excels in all three areas, this compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Car crashes normally are not “accidents.” Human error causes about 95 percent of these incidents. This human error usually involves negligence, which as mentioned is a lack of care.
Most noncommercial drivers have a duty of reasonable care. They must avoid accidents when possible and obey the rules of the road. Commercial operators in South Carolina, such as Lyft drivers and bus drivers, normally have a higher duty of care. They must go the extra mile when it comes to driving defensively and avoiding accidents. In practical terms, unless these motorists are overly cautious, they are probably breaching the duty of care.
Evidence is essential in these claims, both to establish a lack of care and obtain maximum compensation. Proof in a car crash claim usually includes such things as the police accident report, medical records, and witness statements.
This category includes falls, dog bites, swimming pool drownings, and any other on-property injury which happens away from home.
Much like a vehicle collision case, a premises liability claim begins with a legal duty. This duty varies, usually according to the relationship between the victim and owner.
Furthermore, the victim must prove that the owner knew, or should have known, about the hazard which caused the fall or other injury. This proof, and most all the proof in a negligence case, must be by a preponderance of the evidence, or more likely than not.
The two main types of negligence cases are very similar to each other. For a free consultation with an experienced personal injury attorney in Anderson, contact The Law Offices of Steven M. Krause, P.A. We do not charge upfront legal fees in these matters.
Falls do, mostly because many of these victims are older people with pre-existing conditions.
The number of unintentional poisoning deaths, mostly drug overdoses, has increased significantly since 2010.
Most victims get enough money to pay their medical bills and something to make up for their emotional distress.