What Happens If You Are Partially At Fault for an Injury in South Carolina?

In South Carolina, when you are involved in an accident that results in an injury, determining fault is a critical component of the legal process. Understanding how partial fault affects your compensation is essential for anyone navigating a personal injury claim in this state.

South Carolina follows a "modified comparative negligence" system. This means that if you are found to be partially at fault for the accident, your compensation may be reduced based on your percentage of fault. For example, if you are awarded $100,000 but found to be 30% at fault, your recovery would be reduced to $70,000.

In South Carolina, a key factor is that if you are found to be 51% or more at fault for the accident, you will be barred from recovering any damages. This means that demonstrating your level of fault compared to the other parties involved is crucial. Insurance companies and courts will evaluate the circumstances surrounding the incident, including evidence, witness statements, and police reports, to determine the degree of fault.

It is advisable to gather as much evidence as possible to support your claim. This might include photographs of the accident scene, medical records, and documentation of your expenses. Having strong evidence can help establish that the other party was primarily at fault, thus minimizing your percentage of liability.

If you have been injured and are concerned about being partially at fault, consulting with a qualified personal injury attorney can significantly benefit your case. They can help navigate the complexities of South Carolina's negligence laws and advocate on your behalf to ensure you receive fair compensation.

Another important aspect to consider is the timeline for filing your injury claim. South Carolina has a statute of limitations that generally allows three years from the date of the accident to file a lawsuit. Failing to file within this timeframe may jeopardize your ability to recover damages, regardless of fault.

In summary, being partially at fault for an injury in South Carolina does not automatically preclude you from receiving compensation. However, the percentage of fault assigned to you will directly impact the amount you can recover. Engaging with legal professionals can help clarify your situation and aid in building a solid case to maximize your injury claim.