South Carolina’s comparative negligence laws can impact how much a casualty receives in compensation. South Carolina’s negligence laws allow an injured person to sue a business or agency if they caused the casualty harm. For example, a car crash victim may file a lawsuit against the at-fault driver. If the casualty wins their case, they may receive a settlement to compensate them for their losses.
Under the comparative negligence laws, however, the individual or business that caused the incident may blame the victim for some or all of what occurred. If the wrongdoer convinces the court that the person who was injured is more than 50 percent at fault, the court may prevent the casualty from recovering any compensation.
The advocates at The Louthian Firm have extensive experience helping injured people understand their right to receive fair damages and develop effective case strategies. We have training in comparative negligence laws and tactics for how to strive to overcome these challenges during a personal injury case.
South Carolina Negligence Law
South Carolina’s negligence laws empower an accident victim to sue those who make a mistake and cause them harm. For example, a patient may file a claim against a surgeon who does not use sterilized equipment during surgery. While there are many types of legal claims, many fall under the umbrella of negligence, which has four main elements: duty, breach, causation, and injury.
Duty of care
The wrongdoer must owe the casualty a duty of care. Most people owe others a responsibility to follow the law and act with reasonable care under the circumstances. For example, people on the road should drive the speed limit and not drink before they get behind the wheel. If someone is part of a licensed profession — such as a doctor or therapist — they may also have a duty to act within the scope of their practice and in ways that align with generally accepted principles in that field.
Breach of the duty of care
The casualty needs to show that the wrongdoer made a mistake and did not follow the standard of care like they should have. What this looks like in practice depends on the situation. For example, doctors owe patients a responsibility to use research-based methods and follow the ethical rules of their specialty. If their actions do not align with these and a patient is injured, the doctor may have breached their duty of care.
A causal link between the mistake and the casualty’s injuries
The casualty must also show a strong relationship between the wrongdoer’s errors and the accident that harmed them. They can establish this link by gathering and presenting evidence like photographs, medical records, testimony, and physical evidence.
Damages
Lastly, the casualty should be able to say they suffered harm because of the negligent person or business’s actions. Damages they might have sustained could include lost income, bodily injuries, property loss, or other harms.
What Is Comparative Negligence?
South Carolina’s comparative negligence law is a defense that a defendant — the person accused of harming someone else — can bring up during a lawsuit. Under this doctrine, the plaintiff — the accident victim — cannot recover compensation unless they are 50 percent or less at fault for their losses.
In determining fault, the court may look at what caused the incident, what happened afterward, and the damages the plaintiff claims in their legal documents. The court is essentially trying to make sure the plaintiff’s losses relate back to the defendant’s mistakes. The losses — like broken bones, lost wages, and car repairs — do not have to directly result from the accident.
That said, the plaintiff should be able to prove that these naturally flowed from the defendant’s actions.
Comparative vs. Contributory Negligence
Many people want to know the difference between contributory vs. comparative negligence. Contributory negligence prevents someone from recovering any compensation if they are even slightly responsible for what happened.
In contrast, comparative negligence — like the law in South Carolina — allows someone to qualify for a settlement even if they are partially to blame for the incident. That said, the court may reduce the person’s damages award by the percentage of fault they carry. For example, if they are 27 percent to blame for their losses, their maximum recovery might be 73 percent of their total damages.
Impact of Comparative Negligence on Claims
The defendant can use comparative negligence laws to try to limit how much they have to pay out in compensation to the casualty. Because of this, it is essential for a casualty to try to craft rock-solid legal arguments to use in court. By doing this, they can try to close any gaps in their version of what occurred and narrow the opportunities the defendant has to point fingers at the plaintiff.
How a Lawyer Can Help
A skilled personal injury attorney provides many advantages to a casualty who is trying to bring a successful claim and overcome any challenges comparative negligence poses. For example, a lawyer can perform intensive investigations into the cause of the accident and the plaintiff’s injuries. To accomplish this, they might submit requests for documents or surveillance camera footage.
Additionally, the casualty’s legal team can serve as a buffer between the casualty and the insurance company. They can also review letters, requests, settlement proposals, and notices from the court, the at-fault party, or others involved in the proceedings. The lawyer can review these materials and offer recommendations in terms of how to proceed.
Contact The Louthian Firm To Learn How Comparative Negligence Can Impact Your Case
If you are in the midst of a personal injury case or want to file one, you may wonder how the South Carolina comparative negligence laws might impact the outcome. These rules may allow the defendant to try to shift the blame onto you and sidestep having to pay a fair amount of damages. That said, there are ways you can argue against these allegations and help to preserve your right to full compensation.
The Louthian Firm understands the concerns you may have as you navigate the claims process after a doctor, driver, dog owner, or other wrongdoer makes a mistake that hurts you. Bert Louthian has helped dozens of casualties by championing their rights and representing their best interests in court and at the negotiation table. Past clients describe working with us as “outstanding,” and they appreciated our willingness to take their calls and answer their questions throughout the case. Contact us today by calling 803-592-6231 to schedule a no-obligation consultation.
