Columbia Personal Injury Lawyer
When accidents happen, the hope is that the injuries involved are minor. Unfortunately, severe injuries are a common occurrence. Whether these injuries result from a car crash or some other type of accident, an experienced injury attorney could help the victim of an accident seek monetary compensation.
If you or a loved one were severely injured in Columbia due to the reckless and negligent actions of another, you may be eligible to recover compensation for all of your damages. When your injuries result from another person’s negligence, it is only fair that they face liability for the cost of your treatment. A Columbia personal injury lawyer brings the skill and experience necessary to help you prevail in your claim for compensation.
Negligence in an Injury Lawsuit
The standard in most injury cases requires a plaintiff to show the defendant was negligent. To succeed at trial, an injury attorney in Columbia must show that the defendant’s negligence was the cause of their client’s injuries.
Establishing negligence starts with proving that the defendant owed a duty to the plaintiff. The challenge of establishing a duty varies tremendously. Many cases, like car or truck accidents, require little effort to establish a duty exists. This is due to the high duty of care drivers owe each other. Determining the burden is not so simple for other types of cases. When a plaintiff is injured in a fall or by an act of violence, determining whether a duty exists is often a central point of the lawsuit.
Once the plaintiff establishes a duty exists, they must next show the defendant breached that duty. Again, the specifics of a case determine what could constitute a breach. Typically, a careless, reckless, or intentional act that injures the plaintiff constitutes a breach.
Finally, a plaintiff must show they have suffered injuries that were directly caused by the defendant’s breach.
Shared Negligence
In some cases, a plaintiff may share in the negligence that causes an accident. When this occurs, state law will not prevent them from recovering compensation entirely. However, the law will impact the plaintiff’s damage award should they prevail at trial.
During a trial, the jury will determine the percentage of fault every party owes for the accident. If the Columbia jury determines the plaintiff was more at fault than the defendant, they will not recover any compensation. However, as long as the plaintiff is no more responsible than the defendant, they have an avenue to recovery.
The plaintiff’s degree of fault in an accident will impact their recovery, however, as the jury will reduce their damages in proportion to their degree of fault. The rules regarding shared negligence are complex so it is best to seek help from a seasoned Columbia personal injury attorney who could help injured claimants determine how their degree of fault could affect their claim.
Reach out to a Columbia Personal Injury Attorney
Whether resulting from an accident or the intentional act of another person, a serious injury can be a major hardship. Your medical bills can pile up quickly, and your other responsibilities could be difficult to pay if you are too hurt to work.
Thankfully, you have legal recourse against the person that caused your injuries. A Columbia personal injury lawyer could help you seek compensation for your losses by filing a civil suit. Schedule a consultation today to discuss your case.
