Liability for spinal cord injuries rests on the legal concept of negligence. Negligence means “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” A successful lawsuit based on negligence must establish four elements of negligence. These are duty, breach of duty, that the breach of duty caused the injury, and damages.
It is essential to keep careful records of all medical care and bills related to your injuries so that you can prove the other party’s negligence caused your harm. The standard of proof in South Carolina spinal cord injury cases is “by a preponderance of the evidence,” which simply means presenting evidence that is more accurate, truthful, and convincing than that presented by the opposing party.
Depending on the circumstances that lead to your injury, possible liable parties may include:
- A motorist. A negligent or reckless driver is liable for an accident victim’s injuries.
- Construction companies or roadway designers. If a roadway defect caused your accident, these parties might be liable for your injuries.
- A property owner. If you fell on another person’s property, you might wish to file a South Carolina spinal cord injury claim with their property insurance company.
- A healthcare provider. If your healthcare provider does not diagnose and treat your spinal injury correctly, it may negatively affect your condition. In this case, you may have a medical malpractice case against your health care provider.
- A manufacturer, distributor, or installer of a faulty or dangerous product. If a defective product caused your spinal cord injury, then a product liability claim is an option you should consider.
- A contractor, architect, engineer, owner of the worksite or employee from another company, or another third party whose negligence caused a workplace accident.