Posted On: July 31, 2025

How to Prove Negligence in Personal Injury Cases

Hurt in an accident in Summerville or elsewhere in the wider region in South Carolina? You have the right to seek compensation for your losses through a personal injury claim. These are fault-based legal claims. In South Carolina, personal injury liability is generally based on the theory of negligence. At West Law Firm, we help victims prove negligence in order to receive the compensation they deserve. Here, our Summerville personal injury attorney provides a guide to negligence in a personal injury claim in South Carolina.

What is Negligence?

The Legal Information Institute explains that negligence is the failure to take reasonable care. It is a concept that forms the foundation of most personal injury claims in South Carolina. What constitutes negligence depends on a wide range of case-specific factors, including what is expected of a reasonable person under similar circumstances. As an example, a driver who texts while driving and causes an accident is negligent. The reason is that motorists in South Carolina have a duty to follow all traffic safety regulations. The failure to do so is a failure to look out for the health and well-being of others.

South Carolina is a Modified Comparative Negligence State

Our state uses a modified comparative negligence standard. Under South Carolina law, victims can pursue compensation if they are less than 51 percent at fault for their accident. However, if an injured victim is found partially at fault, their compensation will be reduced proportionately to their degree of blame for the accident.

Imagine that you suffered $25,000 in damages in a slip and fall accident in Summerville. However, an investigation reveals that you are partially responsible for your own accident. You are assigned 20 percent fault. In South Carolina, you would still be able to bring a personal injury claim, but you would only be able to recover $20,000 (80 percent).

How to Prove Negligence (The Elements)

How do you actually prove negligence in a personal injury claim in South Carolina? One of the first key points to be aware of is that there are four basic required legal elements. As the claimant/plaintiff, you have the obligation to establish each of the following four elements of negligence with a preponderance of the evidence:

ย  ย  ย 1. Duty of Care: The first step is showing that the defendant owed a legal duty of care to the injured party. In South Carolina, this generally means the defendant had a responsibility to act with reasonable care to avoid causing harm. For example, drivers owe a duty to follow traffic laws and drive safely. They owe a duty of care to everyone else on or near the road.

ย  ย  ย 2. Breach of the Duty of Care: Next, the injured party must prove that the defendant breached their duty of care. You need to prove that the defendant acted (or failed to act) in a way that a reasonably prudent person would not. A breach can be an action (like reckless driving) or inaction (like failing to fix a dangerous hazard on their premises).

ย  ย  ย 3. Causation: Causation means showing that the defendantโ€™s breach directly caused the injury. It should not be overlooked as an element of a claim. South Carolina law requires both actual cause (“but for”) and proximate cause (the harm was a foreseeable result of the breach). Without causation, there is no liability for personal injury.

ย  ย  ย 4. Damages: Finally, the plaintiff must demonstrate that they suffered actual harm or losses. You only have a viable personal injury claim on the basis of negligence in South Carolina if you were actually harmed because of negligence. Your damages can include medical bills, lost wages, pain and suffering, and other measurable impacts, both economic and intangible.

Key Evidence Used to Prove Liability in a Personal Injury Claim in South Carolina

Every serious accident in South Carolina requires a proactive, detail-focused investigation. It is imperative that you have access to all of the evidence that is relevant to the case. Evidence of liability is key in a personal injury claim. The sooner your accident is investigated by a lawyer, the better positioned you will be to secure important evidence. Common evidence of liability includes:

  • Photographs/Videos: Pictures or video footage of the accident scene, injuries, or property damage can be powerful evidence. They help to establish the conditions at the time of the incident and may support a claim of negligence.
  • Witness Statements: Eyewitnesses can provide firsthand accounts of what happened before, during, and after the incident. Indeed, their testimony can help confirm who was at fault and how the accident occurred. It is crucial to track down witnesses.
  • Police Reports: Was there a police report in your case? If so, you should get a copy. Official reports prepared by law enforcement or responding authorities often include key facts, diagrams, and sometimes even a preliminary assessment of fault.
  • Medical Records: Detailed medical documentation proves the extent of the injuries and links them directly to the incident. It is evidence that supports a claim for compensation by showing the treatment received and the associated costs.

Recovering the Maximum Compensation After an Accident in Summerville

In South Carolina, injured victims have the right to seek compensation for the full scope of their damages, including for any non-economic losses. However, the insurance companies that are typically on the other side of these cases cannot be relied upon. You need a top attorney on your side. Along with other damages, our South Carolina personal injury attorneys can help you seek financial compensation for:

  • Property loss, including auto repairs
  • Emergency room care
  • Hospital bills and other health care costs
  • Physical therapy and rehabilitative care
  • Loss of wages and loss of earning power
  • Pain and suffering & mental anguish
  • Long-term physical disability
  • Wrongful death of a family member

Why Trust Our Summerville, SC Personal Injury Lawyers

Personal injury law is complicated. It is normal to have a lot of questions about the nuances of the claims process, including how to prove negligence. At the West Law Firm, we are proud to provide aggressive, solutions-focused guidance and support to victims and families. Our team is prepared to carefully investigate your case and gather all of the evidence that you need to prove negligence. With millions of dollars secured in settlements and verdicts for victims and families, our case results tell the story of what we can do for injured victims in South Carolina.

Contact Our Summerville Personal Injury Attorney Today for a Free Case Review

At the West Law Firm, our Summerville personal injury lawyers are skilled, aggressive advocates for justice. If you have any questions or concerns about proving negligence in a personal injury claim, we are more than ready to help. Call us now or contact us online to arrange your free, no obligation initial consultation. We represent injured victims in Summerville and throughout the wider region in Dorchester County, Berkeley County, and Charleston County.

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Call us now at 843-483-8630 or fill out the form for a free consultation.

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