Accidents often involve more than one party contributing to the cause. If you’ve been injured in South Carolina, understanding comparative negligence and the comparative negligence law could make a significant difference in the outcome of your personal injury claim. This legal doctrine plays a central role in determining how much monetary compensation an injured person can recover,especially when fault among parties involved is being debated.
Whether it’s a car crash, slip-and-fall, or any other type of accidental injury, South Carolina’s approach to negligence laws could directly impact your ability to seek compensation for damages.
Comparative negligence is a legal doctrine used to apportion blame in personal injury lawsuit cases when more than one party is responsible. Rather than assigning full liability to one individual, the court calculates a percentage of fault or degree of fault for each involved party.
For instance, if Driver A was speeding and you failed to yield at an intersection, the court might assign you 30% responsibility and Driver A 70%. You would still receive 70% of your compensation award, but your recoverable damages would be reduced by your percentage of fault assigned.
South Carolina’s Modified Comparative Negligence Rule
South Carolina follows a modified comparative negligence rule with a 51% bar. Here’s what that means:
- You can recover fair compensation if you are less than 51 percent at fault.
- If your percentage of liability is 51% or more, you are barred from any financial recovery.
This comparative negligence doctrine ensures that injured parties can still be compensated, even if they hold some partial responsibility,so long as the percent at fault does not exceed the threshold.
Determining Fault: What the Courts Consider
To determine your percentage of fault, investigators will analyze a combination of factors:
- Police reports, traffic laws, and speed limit violations
- Surveillance footage, traffic camera footage, and accident scene photos
- Medical records, medical bills, and other documented medical expenses
- Witness statements and compelling evidence
- Input from accident reconstruction specialists or accident reconstruction experts
- Physical evidence such as skid marks or vehicle damage
Each element contributes to a detailed assessment of fault and the fault percentages assigned.
The Role of Insurance Companies and Insurance Adjusters
Insurance companies and their insurance adjusters often play a crucial role in assigning blame and negotiating settlements. But keep in mind,they may attempt to inflate your percent responsible to minimize their liability for damages.
Don’t navigate this alone. A knowledgeable attorney can help guide you through the legal process, provide valuable insights, and counter any unfair assessment from your insurance carrier.
Why You Need an Experienced Attorney or Legal Counsel
If you’re filing a personal injury claim, having an experienced attorney by your side can make all the difference. A skilled personal injury lawyer will:
- Gather and preserve crucial evidence against fault party
- Negotiate with insurance companies and ensure fair settlement in claims process
- Explain how comparative negligence defenses might apply to your case
- Help you recover maximum compensation and ensure financial recovery.
Understanding comparative negligence systems and how contributory negligence laws differ is key to any successful claim. Whether you were injured in a car accident, a slip and fall, or due to negligent behavior, South Carolina’s legal landscape makes it possible to recover compensation through negligence even if you share some of the blame.
We are also located in South Carolina and Georgia, including Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta. When tragedy strikes, we deliver the legal strength and personal attention your case deserves.
Don’t leave your case up to chance,consult with a legal professional from a respected law firm who understands the nuances of comparative fault and will fight for your rights.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
