Accidents aren’t always black and white. Many personal injury cases involve multiple liable parties. If you’ve been the victim of an accident in South Carolina, there are probably thousands of questions running through your mind. Depending on the circumstances in your case, you might even be wondering what happens if you’re one of the liable parties. The good news is that South Carolina law seeks to protect victims of accidents, even if they share some of the blame. This happens under the comparative negligence rule. Understanding how this rule applies in a partial fault personal injury case can help you protect your legal rights and avoid losing out on the compensation you may still deserve.
What Is Comparative Negligence in South Carolina?
In South Carolina, the courts use a modified comparative negligence law. This helps protect the rights of a victim who may have done something wrong, without it being the most significant cause of the accident. For instance, in a car accident where the victim was texting, they would share some of the fault. However, if the other driver was drunk, ran a red light, or was speeding, they would likely bear more fault in the crash. Understanding how partial fault impacts personal injury claims in accidents is key. Under South Carolina law, you may recover damages if you are less than 51 percent at fault.
The state does, however, have a 51 percent bar rule. Under this rule, you are barred entirely from receiving compensation if you are 51 percent or more at fault. South Carolina law dictates that the jury assigns a fault percentage to each party, including the plaintiff. It is the plaintiff’s responsibility to provide the proof necessary to show where the fault lies.
How Fault Is Determined in a Personal Injury Case
In a personal injury case, a jury determines the amount of fault each party has based on the evidence presented. If there is no jury, a judge will decide the fault. The evidence they will review consists of police reports, medical bills, witness testimonies, accident reports, and photographs of the accident scene.
Insurance companies and defendants will do everything possible to make the plaintiff look more at fault than they are. This is why it is critical in your personal injury case that you compellingly present clear, accurate evidence.
How Partial Fault Affects Your Compensation
Under the comparative negligence law, shared liability directly affects the compensation you receive. The court will reduce your personal injury damages according to your percentage of fault. For instance, if you are found 20 percent at fault, the court would reduce your compensation by 20 percent. That means if your overall award were one hundred thousand dollars, the court would award you eighty thousand after fault is determined.
What to Do If You’re Partly at Fault
Because this rule affects the outcome of your case, it is critically important to do everything you can to stand up for yourself and protect your rights to seek compensation. The last thing you want is for the insurance company to get away with twisting your words and forcing a settlement reduction, leaving you to take care of more of the financial burden than you should have to.
Knowing what to do, though, is a challenge. Often, after an accident has happened, you’re in too much shock to be able to react appropriately. You can do a few simple things that will make a significant difference in your case. These things include:
Seek Medical Care
Not only is this important for your physical health, but it also makes a difference in your legal claim. Insurance companies will try to say that your injuries were not bad enough to deserve the compensation you’re seeking, or they were related to something else entirely. Therefore, seeking medical attention immediately and keeping records is a good idea.
Avoid Admitting Fault
Even a simple, polite apology for your part in the accident can be twisted and used against you in your personal injury lawsuit. This is why it’s important not to make a statement that appears to admit fault, even if you know you’re partially responsible.
Document Injuries and Accident Details
Take photographs of your injuries and the scene of the accident. Having photographic or even video proof, if possible, makes it harder for anyone to alter the details of what happened.
Hire a Lawyer for the Claims Process
A local lawyer who understands South Carolina laws will be able to help you through the claims process smoothly and efficiently. They’ll protect you by collecting the evidence you’re unable to and deflecting the insurance companies that try to lowball your compensation.
It can be challenging to remember exactly what to do after an accident. You can break it down into three simple steps. First, seek medical attention and follow the doctor’s orders. Second, say as little as possible. Lastly, hire a lawyer who will speak up for you. If you follow these steps at a minimum, your chances of the defendant and their insurance company taking advantage of you will significantly decrease. That’s because you’re generating the critical evidence necessary to fight your case and letting a skilled personal injury lawyer handle the legal matters.
Trust Maxey McFarland Law for Your Personal Injury Case
At Maxey McFarland Law, we understand South Carolina laws, including the comparative negligence rule. We would analyze fault evidence, maximize your compensation, and protect you even if you shared partial fault. We help clients present strong evidence in their personal injury cases, including medical records and testimonies from accident reconstructionists. Our team negotiates settlements with aggressive tactics that don’t leave room for the insurance companies to fight back.
We aim to help you and make a case so strong that it settles outside court. But if we can’t get the insurance company to see things your way and offer a fair settlement, we will always prepare to take your case to court and present it to a jury. Contact us at (864) 900-4231 today for help with your personal injury case in South Carolina.
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