What Happens If You’re Partially at Fault in a South Carolina Personal Injury Case?
In South Carolina, personal injury cases are governed by a legal principle known as comparative negligence. This means that when determining compensation for damages, the degree of fault of each party involved is considered. If you find yourself partially at fault in a personal injury case, it is crucial to understand how this can affect your claim.
In South Carolina, if you are partially responsible for your injuries, your compensation may be reduced by your percentage of fault. For instance, if you are found to be 20% at fault for an accident, and you were awarded $100,000 in damages, you would only receive $80,000 after deducting your share of fault.
The state follows a modified comparative negligence rule, which means a plaintiff can only recover damages if they are less than 51% at fault. If you are determined to be 51% or more at fault, you will not be eligible for any compensation. This law emphasizes the importance of gathering evidence that supports your case and demonstrates the other party's liability.
In personal injury cases, proving fault usually involves collecting various types of evidence, including:
- Accident reports
- Witness statements
- Photographs of the accident scene
- Medical records
- Expert testimony
One significant aspect of these cases is how fault is assessed by the jury or an insurance adjuster. If you are involved in a settlement negotiation, understanding your own level of fault can help you strategize better. If you believe the other party may argue that you hold a share of responsibility, it is wise to consult an experienced personal injury attorney.
Attorneys in South Carolina can provide insights into how comparative negligence laws apply to your situation. They can help you gather evidence, prepare for negotiations, and present your case effectively. An attorney will also help you navigate the complexities of insurance claims, which can often be daunting when fault is a factor.
In conclusion, being partially at fault in a South Carolina personal injury case can significantly impact your potential compensation. Understanding the laws regarding comparative negligence and having knowledgeable legal representation can make a considerable difference in the outcomes of your case. Prioritize consulting with a personal injury attorney to ensure that your rights are protected, and to work towards the best possible result in your claim.