The South Carolina comparative negligence laws are a defense the at-fault person or business can bring up to try to limit how much they have to pay the casualty in compensation. Under the comparative negligence rules, the injured person’s final award is reduced by the percentage of fault the judge or jury thinks they share for the accident or their losses. Casualties can help protect themselves against comparative negligence laws by building strong legal cases against the person or agency that harmed them.
Dan Pruitt Injury Law Firm has decades of experience navigating comparative negligence laws in South Carolina personal injury cases. We understand how much you may count on receiving a full and fair settlement to cover your medical expenses, docked pay, and repair bills. Our team of experienced Greenville car accident lawyers may be able to help you by providing compassionate and responsive legal services in your time of need.
Introduction to Comparative Negligence Laws in South Carolina
Under the South Carolina comparative negligence statute, a casualty can recover damages even if the court believes they share in the blame for what happened. That said, the court may reduce their total compensation package by the percentage of blame the injured person carries for the incident.
For example, if the judge decides the person’s actions are 37 percent of the reason the accident occurred in the first place, the person may only qualify for reimbursement of 63 percent of their losses. If the person who was hurt is 51 percent or more at fault, the court may disallow them from receiving any money. Exceptions to this rule may apply, however.
Determining Fault in Comparative Negligence Cases
The way you determine fault in comparative negligence cases is by thoroughly reviewing the evidence and laws. The evidence — such as medical documents, police reports, business records, and photographs — helps paint a picture of what caused the incident and what the consequences were.
The law helps people understand what rights and responsibilities each person has under the circumstances. For example, a motorcyclist has the right to use the roadway in much of the same manner as their four-wheeled peers.
Applying the law to the situation assists people in determining who was supposed to do what in the situation and whose actions or failure to act caused the accident. For example, a motorist may have caused the collision because they drank alcohol before getting behind the wheel, which impaired their ability to stop at a stop light.
Impact of Comparative Negligence on Compensation
The South Carolina negligence law about comparative fault may end up reducing how much someone receives in damages. Comparative negligence is a defense the defendant — e.g., the individual or company who is accused of misconduct — raises to try to offset their liability for what happened. They may try to shift the blame onto the casualty to say the casualty — rather than the at-fault party — is the reason the accident occurred. The at-fault party would then ask the court to reduce how much the person who caused the accident pays to the injured person.
After reviewing the evidence and legal arguments, the court may calculate how much each person’s behavior contributed to what occurred. Then, the judge may decrease the casualty’s settlement in proportion to how much fault the court believes they carry. For example, if the judge decides the casualty is 15 percent to blame, the judge would reduce the damages award by 15 percent.
Legal Strategies for Minimizing Fault
A few legal strategies can help the casualty try to build a solid case and, hopefully, prove that the person who caused the accident is mostly to blame and should pay the maximum settlement. For example, the casualty can act quickly to preserve and gather evidence when it is fresh rather than waiting until memories fade or records are destroyed. Likewise, they can hire a personal injury attorney to help them craft well-researched arguments and present them to the court.
The Role of Insurance Companies in Comparative Negligence Claims
Insurance companies may try to use comparative negligence as a way to limit how much they need to pay out on a claim. They may comb through the record and take the casualty’s comments out of context to try to show they admitted fault. Many personal injury lawyers are familiar with these and other tactics some unscrupulous insurers may use to get out of compensating the injured person for their losses. They can help the casualty prepare and present counter-arguments to fortify their case.
Steps to Take After an Accident Involving Comparative Negligence
The first step after you are in an accident is to go to the doctor to have them examine you and identify your injuries. Doing so helps to set a strong foundation for your body to heal correctly.
Additionally, it creates a documentary record you can use to connect the incident — such as the auto accident or the medical mistake — to your wounds.
Your next step might be to contact the police — if applicable — to report the incident and notify your insurance company to initiate the claims process. It may also be wise to talk to an attorney early on to identify your rights and make sure you protect those along the way. If you receive a settlement offer from the insurer or those who caused you harm, consider consulting with a lawyer before you sign anything. They can help you understand if the contract is in your best interest or not.
Contact Our Experienced Car Accident Lawyers Today
The South Carolina comparative negligence laws can impact how much you receive in damages, but there are steps you can take to help strengthen your case and help minimize the risks. Consider working with a dedicated and knowledgeable attorney who can assist you by providing targeted recommendations and crafting creative and compelling arguments in your favor.
Dan Pruitt Injury Law Firm has the tools and experience to help elevate your best interests and champion your rights in court or at the negotiation table. We understand the frustration and concern you may be feeling about the accident and the legal process required to get the compensation you deserve. Call us today at (864) 721-6885 to schedule a no-obligation consultation to discuss your concerns.