If you were seriously injured in South Carolina, you should consider filing a personal injury claim for compensation. However, South Carolina’s negligence laws will play a role in determining the amount of compensation you are entitled to. Depending on the circumstances of your accident, you may be entitled to compensation.
As a result, understanding South Carolina’s negligence laws is critical before filing a claim. If you are unsure how to deal with negligence, consult with a reputable car accident attorney. Continue reading to learn more about negligence laws in South Carolina.
Understanding Negligence
Following an accident, your first question could be, “Did the other party exercise duty of care?” Perhaps they did. According to state law, breaching a duty of care occurs when someone fails to meet the standard of care. The law does not require you to keep people safe, but it does require you to act responsibly to avoid causing harm to others.
If you are injured as a result of someone else’s negligence, you may not be sure who is liable. South Carolina’s negligence laws can make things much more complicated. If you do not understand South Carolina negligence law when filing a claim, you may lose the compensation you need to make a full recovery.
Does Your Case Involve Comparative Negligence?
If you have recently been injured or in an accident, you may need the assistance of an attorney to prove the other party was at fault based on the facts available. This may include:
- Any violations of the law or criminal convictions
- Photos or video of the accident scene
- Eyewitness statements
Modified Comparative Negligence in South Carolina
South Carolina follows comparative negligence laws which can reduce a plaintiff’s settlement amount if they are found to be partially at fault. As opposed to other states following “pure comparative negligence” statutes that allow plaintiffs to recover compensation even if they are 99 percent at fault.
For example, a vehicle traveling in the wrong lane collides with the plaintiff’s bicycle. The plaintiff was not wearing a helmet, which caused additional damage. In this case, it is possible to conclude that the other driver was 90% at fault and the plaintiff was 10% at fault. As a result, the plaintiff’s compensation is reduced by 10%.
South Carolina Negligence Laws Compared to Other States
South Carolina’s negligence law, which is a variation of comparative negligence, governs your eligibility to recover compensation. The 51 percent rule governs South Carolina’s negligence law. In other states, the 50 percent rule or pure comparative negligence may apply.
The 51 percent rule in South Carolina states that you can only be compensated if your percentage of fault in an accident is less than 50 percent. Another aspect of this rule is your share of fault, if any, will be deducted from your final payment. Your experienced attorney can help you pursue compensation and protect you from being assigned unnecessary fault.
Get Legal Help with Your Negligence Claim
If you were injured in a car accident or other incident that was not your fault, you may be eligible for compensation. However, you only have a limited amount of time to take civil action against the liable party. The longer you wait, the more difficult it may be to obtain the necessary evidence.
A personal injury attorney can help you understand all the factors that could have contributed to your injury and guide you through each step of the recovery process. For more information on South Carolina negligence laws, visit The Louthian Firm Accident & Injury Lawyers. Contact us today to schedule your free case review by calling 803-592-6231 or by visiting us online.
For more quick answers, check out our personal injury FAQ page.
