How Do I Sue A Company For Negligence?
You should not have to pay out of pocket for the medical expenses, lost wages, and other costs involved when someone’s reckless and negligent conduct leaves you suffering potentially serious injuries. At The Surasky Law Firm, we help you hold them accountable, either through an insurance claim or by filing a personal injury lawsuit against them. This holds true whether you are injured due to the negligence of an individual or a company and its employees. These types of cases occur on a regular basis. Find out more about how they happen and how you can sue a company for negligence.
Holding Others Accountable When Negligence Results In Personal Injuries
Negligence is a common legal term in personal injury claims. It is defined as failing to behave with a reasonable degree of care when dealing with others. This generally involves one of the following:
Taking actions a reasonable person would otherwise not take in the same situation, putting others at risk;
Not taking certain actions or precautions a reasonable person otherwise would take to prevent causing personal injuries to others.
A common example is car accidents. Negligence might involve running a red light or driving with a high blood alcohol content (BAC) level. It may also involve not slowing down on a dark, rainy night and in areas under construction or with heavy traffic. When others suffer personal injuries as a result of these actions, they have the right to hold the at fault party accountable.
When Companies Are Negligent
Motor vehicle accidents are just one example of negligence. It can also occur due to the reckless actions of a company, who is then held liable in a lawsuit for the medical expenses, lost wages, and other costs you incur. The following are two common kinds of cases involving negligence on the part of companies:
Premises liability claims: This is when a property owner’s negligence results in personal injuries for invited guests or visitors. Examples include slips and falls on wet floors or getting struck by or against objects due to improperly stocked shelves or poorly attached fixtures.
Product liability claims: This is when mistakes or errors in the design or manufacturing process result in dangerous or defective products. It can also happen when manufacturers fail to provide proper instructions for use or warning labels on packages and when distributors fail to pull recalled items off shelves.
A daycare center in Aiken recently made national headlines when it was sued for negligence. According to a December 1, 2021 Newsweek report, the lawsuit alleges that one of the staff members behaved abusively towards a child in their care. While the daycare center management fired the worker, they were negligent due to not informing the parents, so they could receive treatment for the child. Worse, they attempted to hide the incident in the aftermath.
When To Contact A Lawyer
In the above case, the daycare worker and facility owner/management acted with clear negligence and failed in their duty to provide a reasonable level of care to the children and their parents. Other cases are less obvious. How do you know if you have a negligence claim and when to contact a lawyer? Generally, in order to bring a negligence lawsuit you would need to prove the following:
That the plaintiff (the person, people, or company) owed you a duty of care;
That they breached that duty either due to their actions or inactions;
That you suffered personal injuries that resulted in monetary losses;
That the plaintiff’s actions were a direct cause of your damages.
What Information And/Or Evidence Do I Need To Prove Negligence?
In order to prove all of the above, you need to provide your lawyer with certain information. This includes:
The name of the company at fault and any employees involved.
The date the incident happened.
Medical records detailing the extent of your injuries.
A statement from your doctor regarding your prognosis for recovery.
Other evidence, such as the names of any witnesses who watched what happened and police or accident reports filed at the scene.
Once we have the above information, we can launch our own investigation into your case. Actions we can take on your behalf include obtaining more detailed statements from police or onsite security, subpoenaing witnesses, obtaining footage of the incident from nearby security cameras, and determining whether negligence is a regular pattern of behavior for the company.
Compensation In A Negligence Lawsuit
Once we obtain all the information surrounding your case, we can pursue legal action. Most companies have insurance policies in place to protect them from being sued. If this is the case, we can negotiate with insurance representatives on your behalf with the goal of getting you the maximum amount in a settlement. If your claim is disputed or insurance fails to cover your losses, we can pursue filing a negligence lawsuit against those at fault.
Under Section 15-38-10 of the South Carolina Code, you may be entitled to compensation in a negligence lawsuit even if the company was only partly at fault or your own actions were partially to blame. Provided they are at least 50 percent responsible, you still have the right to sue them for damages, which include coverage of current and future medical expenses, reimbursement for lost wages, and compensation for the pain and suffering you experienced as a result of your injuries.
Request A Consultation With Our Aiken Personal Injury Attorney Today
Why should you have to pay medical expenses, experience lost wages, and incur other costs out of pocket for something that was not your fault? When the reckless and negligent actions of others leave you suffering serious personal injuries, you have the right to hold them accountable for their actions. At The Surasky Law Firm, LLC, we help you get the compensation you are entitled to, either through insurers or by filing a negligence lawsuit. To request a consultation, call or contact our Aiken personal injury attorney online today.
Comments