How South Carolina Comparative Negligence Law Impacts Your Personal Injury Claim

Personal injury liability can be complex. There can be more than one party whose conduct is a factor in causing a personal injury. To apportion liability and make the compensation process fair, South Carolina uses a system of comparative negligence.

South Carolina’s comparative negligence law may impact your personal injury claim. Our experienced Greenville personal injury lawyer at Bobby Jones Law explains how.

What Is Comparative Negligence and How Does It Work in SC?

Comparative negligence is a system for sorting out legal liability for an accident when more than one party may be to blame.

Generally, the party who is at fault for causing an accident is responsible for paying compensation.

What happens when more than one party is at fault for an accident?

In South Carolina, the answer is comparative negligence. Comparative negligence is a legal principle that recognizes that more than one party can be at fault. Even the person hurt can be at fault for an accident.

Comparative negligence attempts to make personal injury compensation fair by apportioning fault among the responsible parties. It reduces the monetary award if the person seeking compensation shares responsibility for their injuries.

Understanding SC comparative negligence

Different states use different systems to apportion comparative negligence. Some states say that if the injured party has any fault at all—even 1%—they can’t collect compensation. This is sometimes called contributory negligence. Other states say that even if a party is 99% at fault, in theory, they can collect compensation. This is sometimes called pure comparative negligence.

Most states fall somewhere in the middle, using a system of modified comparative negligence.

South Carolina is one of those states.

How it works

Comparative negligence in a personal injury claim works by evaluating the actions of each party to determine if they are at fault for an accident.

• If there is only one party at fault, that party is assigned 100% liability.
• If multiple parties are at fault, each responsible party is assigned a percentage, totaling 100%.
• Damages are determined for the plaintiff.
• The plaintiff’s total compensation is reduced by the amount they are at fault.

South Carolina comparative negligence is a modified system. As long as the party seeking compensation is not more than 50% at fault, they may receive compensation.

How Fault Percentage Affects Your Settlement

If a party has 0% fault for an accident, they may claim their full damages. For example, if they have $10,000 in losses, they may claim $10,000. If they have $100,000 in losses, they may claim $100,000.

When a plaintiff is assigned a percentage of fault, that amount is calculated against total compensation and deducted from the amount payable. For example, if the plaintiff is assigned 10% fault, and their damages are $100,000, they may claim 90% of total compensation, or $90,000. They will not fully recover their damages.

In South Carolina, if a plaintiff is 51% or more at fault, they will not recover any compensation for their damages, even for the percentage that someone else was to blame.

Who decides your percentage of fault?

The finder of fact decides the percentage of fault. In a jury trial, it’s the jury, and in a bench trial, it’s the judge. They determine each party’s legal fault and assign a percentage. The judge or jury also determines damages. Damages are determined separately and calculated against the percentage of fault.

Can a case with comparative negligence still settle?

Yes, it’s common for personal injury cases involving comparative negligence to settle. You may evaluate the percentage of fault likely to be assigned in your case. You can then use that evaluation to negotiate strategically.

How Insurance Companies Use Comparative Negligence To Reduce Payouts

Insurance companies use comparative negligence as a tactic to reduce payouts. They may say you’re at fault for the accident, leaving you scrambling to prove your case.

It’s important to fairly evaluate comparative negligence. You’re not responsible for comparative negligence simply because the insurance company alleges it. You may need to defend against unfair allegations of fault. An attorney can help you independently evaluate how fault may be assigned in your claim.

When Are You Barred from Recovering Compensation in SC?

You are barred from recovering compensation in a South Carolina comparative negligence claim if your fault exceeds 50%. If you’re 50% at fault, you can still recover. If you’re more than 51% at fault, you can’t recover, even if your damages are high.

Examples of How Comparative Negligence Applies in SC Cases – Chart

Because of modified comparative negligence, someone with greater damages may receive less than someone with lower damages.

Strategies for Minimizing Your Share of Fault in a Lawsuit

To minimize fault in a lawsuit, don’t admit wrongdoing or say you’re sorry. Build the evidence in your favor. Question the defense’s evidence and their arguments. Prepare to respond to the defense’s case with an understanding of court and evidence rules. It may be necessary to take your case further in the formal legal process to refute fault allegations.

Contact an Experienced Greenville Personal Injury Lawyer

Comparative negligence may significantly impact your South Carolina personal injury case. It’s important to know how comparative negligence may factor into your case. If it may be an issue, you must prepare to respond to allegations of fault.

Bobby Jones Law handles personal injury claims, including cases involving comparative negligence. We invite you to contact us to discuss your case. We’re taking new cases now.