How Can Victims Prove Negligence in Personal Injury Cases?
When someone suffers harm because of another person’s careless actions, proving negligence becomes the central legal issue in most personal injury cases. Whether the incident involves a car crash, slip and fall, medical harm, or unsafe property, victims must demonstrate that another party’s failure to act with reasonable care directly led to their injuries.
At Floyd & Spangler, Attorneys at Law, we know how life-changing an accident can be.
Our personal injury attorney serves clients throughout West Columbia, South Carolina, and we work diligently to help injured individuals build strong claims. We guide our clients in gathering the documentation and testimony needed to prove fault under South Carolina law.
What Does It Mean to Prove Negligence in South Carolina?
Negligence in a personal injury claim refers to a failure to act with reasonable care, which results in injury to another person. A personal injury attorney can help victims demonstrate how South Carolina law requires that claimants establish four legal elements to prove negligence: duty, breach of duty, causation, and damages.
Duty of Care
The first element—duty—refers to a legal obligation to act in a reasonably careful manner to prevent harm. For instance, drivers owe a duty to others on the road to obey traffic laws and remain alert behind the wheel. Property owners must keep their premises safe for visitors.
Breach of Duty
Once a duty is established, the next step is to show that the responsible party breached that duty. This could involve proving that a driver was texting while driving or that a store failed to clean up a spill in a timely manner. Evidence that shows the other party failed to act like a reasonable person under the same or similar circumstances helps demonstrate this breach.
Causation
Victims must also prove that the breach of duty directly caused their injuries. There are two types of causation that may come into play: actual cause (also called “cause in fact”) and proximate cause. Actual cause is a direct connection—if not for the other person’s action or inaction, the injury wouldn’t have happened. Proximate cause considers whether the injury was a foreseeable result of the breach.
Damages
Finally, the victim must have suffered measurable harm—physical, emotional, or financial—as a result of the incident. This may include hospital bills, lost income, pain and suffering, and more. Without provable damages, there’s no legal basis for a claim, even if negligence occurred.
Evidence Used to Prove Negligence
Successfully proving negligence depends heavily on collecting the right kind of evidence. A personal injury attorney can identify what’s needed for each case, as different types of claims may require different forms of proof, though some categories are consistently relevant.
Eyewitness Testimony
Statements from people who saw the incident happen can provide unbiased accounts that support the injured person’s version of events. Eyewitnesses may include passersby, passengers, or coworkers, depending on the situation.
Police Reports and Incident Documentation
Official records, like accident reports, are often the first pieces of evidence used to show what happened. In car accident cases, the investigating officer’s notes may include observations about road conditions, vehicle positions, or signs of driver distraction. In workplace or premises liability cases, internal reports or surveillance footage can also support the victim’s claim.
Medical Records
Medical documentation is critical for proving the extent of injuries and linking them to the incident. Consistent medical treatment, records of diagnoses, imaging results, and notes from physicians all help connect the physical harm to the alleged negligence.
Photographs and Video Evidence
Images from the scene, whether taken by the injured person or captured by surveillance cameras, can serve as strong visual evidence of unsafe conditions or damage. Pictures of injuries over time can also show the severity and progression of harm.
Cell Phone Records or Digital Data
In distracted driving cases, cellphone data can show whether someone was texting or using a navigation app at the time of a crash. Other types of digital records, such as timestamps or GPS logs, may also be useful.
Comparative Negligence in South Carolina
South Carolina follows a modified comparative negligence rule. This means that if a victim is partially responsible for their own injury, they can still recover damages, as long as their fault doesn’t exceed 50 percent. However, any compensation awarded will be reduced in proportion to their level of fault.
For example, if a jury finds a driver 20 percent responsible for a crash but awards $100,000 in damages, the driver will receive $80,000 instead. If their responsibility is found to be 51 percent or more, they may recover nothing.
This rule makes it especially important to gather strong evidence to limit or disprove shared responsibility. An experienced personal injury attorney can help present facts in a way that supports the injured party’s credibility and minimizes fault.
FAQs About Proving Negligence
How Long Do I Have to File a Personal Injury Claim in South Carolina?
South Carolina generally allows three years from the date of injury to file a personal injury lawsuit. However, the statute of limitations can be as short as two years from the date of injury in certain situations.This time limit is called the statute of limitations. Missing this deadline could prevent you from recovering any damages.
What Happens If the Person Who Hurt Me Denies Fault?
If the at-fault party disputes responsibility, your personal injury attorney can help build a case using facts, testimony, and professional analysis. Even if liability is contested, strong evidence can overcome these disputes.
Can I Still Recover Damages If I Was Partly at Fault?
Yes. South Carolina’s comparative negligence law allows you to recover damages if you’re less than 51 percent at fault. However, your compensation will be reduced based on your percentage of responsibility.
Do I Need a Police Report to File a Claim?
While a police report is helpful, it’s not mandatory for all types of personal injury cases. In non-traffic-related claims, incident reports from the property owner or business may serve a similar purpose. Your personal injury attorney can determine what documentation strengthens your case.
What If I Don’t Have Photos or Witnesses?
Lack of photos or eyewitnesses doesn’t automatically mean you can’t prove your claim. Other forms of evidence—like medical records, professional opinions, and statements from the defendant—may still support your case. We can help identify every available source of proof.
Common Types of Negligence Cases and Proof Needed
Each category of personal injury case involves slightly different forms of proof, based on the setting and actions involved.
Motor Vehicle Accidents
In car, truck, and motorcycle accident cases, victims often need to prove that the other driver broke a traffic law or was otherwise careless. Evidence includes:
Crash scene photos
Traffic camera footage
Skid marks or vehicle damage
Police citations or DUI results
Witness statements
Vehicle “black box” data
Premises Liability Cases
Slip and fall incidents, unsafe stairways, poor lighting, and inadequate security may all form the basis of premises liability claims. To prove negligence, victims may need:
Maintenance records
Cleaning logs
Surveillance video
Reports of previous complaints or injuries
Witnesses who saw the hazard
According to the Centers for Disease Control and Prevention (CDC), over 800,000 people are hospitalized every year due to a fall injury, many of which involve head trauma or hip fractures.
Medical Malpractice Claims
When a patient suffers injury because of a healthcare provider’s failure to meet accepted standards of care, it can form the basis of a medical negligence case. Proving these cases usually requires:
Detailed medical charts
Independent medical evaluations
Testimony from doctors in the same field, sometimes called an affidavit of merit
Prescription and surgical records
Dog Bites
South Carolina has a strict liability dog bite statute, which holds pet owners responsible if their dog bites someone in a public place or lawfully in a private place, regardless of whether the dog previously showed aggression. Victims may need:
Photos of the bite
Medical treatment notes
Witness accounts
Proof of the dog’s ownership
Prior incident reports, if any
How a Personal Injury Attorney Can Help Build a Strong Claim
Proving negligence is a detail-driven process that requires careful documentation and legal knowledge. At Floyd & Spangler, Attorneys at Law, we work one-on-one with every client to assemble all necessary evidence, from medical records to witness interviews.
We also assist clients in responding to insurance adjusters who may attempt to shift blame or offer low settlements. Because the burden of proof lies with the injured party, having organized, timely evidence can protect a client’s rights throughout the negotiation or litigation process.
Whether the injury occurred on the road, at a business, or at someone else’s home, we provide honest guidance on what’s needed to move forward with confidence.
Contact Us Today
If you’ve been hurt and suspect another person’s carelessness is to blame, we can help you gather the evidence needed to prove your case. We serve clients in Lexington, South Carolina; Columbia, South Carolina; West Columbia, South Carolina; Cayce, South Carolina; and throughout Richland County. Contact us today.
