What If I Was Partially at Fault in an Accident?
In South Carolina, you can still recover monetary compensation for your losses even if you were partially at fault for the accident. However, your share of fault cannot exceed 50%, as any partial fault will reduce the compensation you can receive. On the other hand, you will not recover any compensation if your share of fault is 51% or higher.
That’s why working with an experienced South Carolina personal injury attorney is crucial. Your attorney can thoroughly investigate the facts of your case, determine fault for the accident, establish liability for your damages, and ensure that you recover maximum compensation for your accident-related losses.
Understanding How the Rule of Modified Comparative Negligence in South Carolina Works
In a typical personal injury case, the claimant or plaintiff must prove the negligence of the defendant resulted in their accident-related damages to recover compensation. The defendant may claim you caused the accident, or you were partially to blame for it and the resulting damages. They may raise the rule of comparative negligence because any share of fault attributed to you will decrease or eliminate the compensation you can collect from the other party.
To illustrate, let’s say you slipped and fell inside a restaurant because of a puddle, and you suffered a head injury. When you sued the restaurant owner for negligence, they argued that you should have been more careful. After deliberating, the jury determined that the restaurant owner’s share of fault is 92% and yours is 8%.
They also determined your damages amount to $120,000. So how much money can you receive? You can only receive 92% of the money since you were 8% negligent. This means that instead of $120,000, you will only collect $110,400 from the defendant. But if the jury finds your share of fault is 51% or higher, you will not get anything.
With proper guidance from a South Carolina personal injury attorney, the majority of personal injury cases settle before reaching the trial stage through strategic negotiations without ever filing a lawsuit. However, during settlement discussions with insurance companies, take note that they will also raise the comparative negligence rule when evaluating a claim’s value and during settlement negotiations.
This is crucial because, as discussed earlier, this rule can significantly affect the compensation you can get from the other party. That is also the reason why working with a South Carolina personal injury attorney before talking to the other party’s insurer is immensely vital.
Consult With Our Experienced South Carolina Personal Injury Attorney Today
We know how stressful accidents can be, particularly when you are injured and are partly to blame for it. But keep in mind that as long as you’re not more than 51% responsible for the accident, you have the right to pursue fair compensation from the other party. The South Carolina personal injury attorney at The Law Office of D. Craig Brown is ready to represent you to help make sure you get the maximum compensation allowed under the law.
Call our office or reach out to us online to schedule your free case review with our South Carolina personal injury attorney.
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