Columbia Negligence Lawyer
Attorney Marion M. Moses brings over 22 years of experience to his clients’ cases. As a former prosecutor, he is a dedicated attorney who can bring big-firm results to your case. If you have suffered from any kind of negligence by a third party, you may be eligible for compensation for damages you incurred as a result. Attorney Moses will take a personalized approach to your situation and build a strong case for your rights under South Carolina’s negligence laws.
What is Negligence?
Negligence refers to the way people are required to conduct themselves, as it aligns with legal duties and what other reasonable people would do in the same situation. In general, negligence occurs when:
- The defendant owed the plaintiff a duty of care
- The defendant breached that duty
- The defendant’s conduct caused harm to the plaintiff
- The harm was foreseeable
- The plaintiff incurred damages resulting from the defendant’s conduct
Some common scenarios where negligence might be brought to court are negligence in car accidents and medical negligence. Auto accidents will likely be examined through comparative negligence. Medical negligence occurs when a doctor should have taken more steps to protect your health and prevent injury. Doctors have a “duty of care,” as discussed above, which means they have a responsibility to protect your health against serious injury.
What is Comparative Negligence?
In South Carolina, the negligence system is largely a “comparative negligence” system. This means you can collect compensation for damages even if you were partly at fault for the harm done to you. In other words, you aren’t barred from recovering in a lawsuit as long as your alleged negligence in causing the accident was not more than the defendant’s negligence.
Further, note that when two or more people are responsible for an accident or injury (also referred to as “jointly and severally liable”), then the defendants have a “right of contribution,” which exists to help a defendant who paid more than their pro-rated share of the liability. This is a form of “modified comparative fault,” where the plaintiff just needs to be less than 51% at fault to receive recovery in a car accident case, for example.
Compensation for Negligence Lawsuits
Depending on the circumstances of your negligence case, you may be eligible to recover damages for the following:
- Current and future medical expenses
- Pain and suffering
- Mental anguish
- Lost wages
If you would like to seek compensation for injuries and/or damages caused by third party negligence, it is in your best interest to hire an experienced negligence attorney. Whether you are dealing with a negligence case involving a car accident, medical malpractice, or something else, you deserve compensation for your suffering. Filing a legal claim can be difficult to do on your own, so an attorney familiar with such legal proceedings like Marion M. Moses can help you frame a strong case around your situation. He will handle your case from start to finish and bring in over 22 years of experience to protect and defend your rights.
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