If you’ve been injured in an accident in South Carolina, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. However, your ability to recover damages can be affected by comparative negligence, a legal principle that determines how fault is shared between parties in an accident.
Understanding how South Carolina’s comparative fault system works is crucial to understanding your rights and options.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to determine fault and assign financial responsibility when more than one party contributes to an accident. In South Carolina, this system is known as modified comparative negligence, meaning that injured parties can still recover damages even if they are partially responsible for their injuries—as long as they are not more than 50% at fault.
Under this rule, your compensation is reduced by the percentage of fault assigned to you. For example:
- If you are found to be 20% at fault in a car accident and your total damages amount to $100,000, you would receive $80,000 (your total damages minus 20%).
- If you are found to be 50% at fault, you can still recover damages, but your compensation will be cut in half.
- If you are 51% or more at fault, you are barred from recovering any compensation under South Carolina law.
This rule applies to many types of personal injury cases, including car accidents, slip and falls, and workplace injuries. It ensures that each party is held accountable for their role in the accident, rather than allowing one party to recover full damages if they contributed to their own injuries.
Comparative negligence is often contested in court because insurance companies and opposing parties may argue that you are more at fault than you actually are to reduce their liability. This is why it’s important to have a skilled personal injury attorney who can gather evidence, challenge unfair fault assignments, and advocate for your best possible outcome.
How Comparative Negligence Plays Out in Court
When a personal injury case goes to court, the judge or jury will examine the evidence to determine each party’s percentage of fault. Evidence can include:
- Police reports
- Witness testimony
- Traffic camera footage
- Medical records
- Expert opinions
Once fault is assigned, the court will calculate the damages accordingly. Insurance companies also use this rule when negotiating settlements, often attempting to shift more blame onto the injured party to reduce their payout. This is why having an experienced personal injury attorney on your side is essential.
How Comparative Negligence Can Impact Your Claim
South Carolina’s comparative negligence rule can significantly impact your personal injury claim in the following ways:
- Reduced Compensation – If you are partially at fault, your settlement or court award will be reduced accordingly.
- Risk of Losing Your Claim Entirely – If you are found to be more than 50% responsible, you won’t receive any compensation.
- Insurance Company Tactics – It’s important to understand your rights when dealing with insurance companies, as they may attempt to argue that you were more at fault than you actually were to limit their liability.
You Need SeiferFlatow on Your Side
If you’ve been injured in an accident, proving liability and minimizing your share of fault is important for pursuing a successful claim. At SeiferFlatow, we understand South Carolina’s comparative negligence laws and can help you build a strong case to protect your rights.
Contact SeiferFlatow today for a consultation, and let us discuss how we can help you.
