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South Carolina comparative negligence laws can be hard to understand. If a plaintiff is partially to blame for an accident and injuries, they may receive compensation in South Carolina. However, comparative negligence laws may impact the amount that they get, if they get anything at all.
Shealey Law Firm explains what you need to know for understanding comparative negligence laws in SC.
What is Comparative Negligence?
Comparative negligence is the way to assign legal fault when multiple parties are at fault for an accident. It is a law that decides who gets what when the plaintiff shares some fault for the accident that caused their injuries.
What is the South Carolina Comparative Negligence Statute?
The South Carolina comparative negligence statute is S.C. Code § 15-38-15. The law is modified comparative negligence. In South Carolina, a plaintiff may collect compensation for personal injury if they are not 51% or more at fault for the injury. The amount that they recover is reduced by their percentage relative share of fault.
What if there is more than one defendant for comparative negligence in South Carolina?
If there is more than one defendant, South Carolina comparative negligence law instructs the court to compare the plaintiff’s negligence to the total negligence of all defendants. If the combined negligence of all defendants is less than 51%, then the victim recovers nothing.
Different States Have Different Comparative Negligence Laws – What Does South Carolina Follow?
Comparative negligence laws vary from state to state. There are four general types of comparative negligence:
Pure Comparative Negligence
Pure comparative negligence allows the victim to recover to the extent others were at fault for the accident, without limitation. In states with pure comparative negligence, the victim, in theory, could recover for 1% of their damages, even if they are 99% at fault.
Modified Comparative Negligence – 51%
Under modified comparative negligence – 51%, a victim may recover if they are not more than half to blame for the accident. At 50%, they may still recover 50% of their damages. If they are 51% or more at fault, they recover nothing.
Modified Comparative Negligence – 50%
Under modified comparative negligence – 50%, a victim may recover if they are not 50% or more to blame. If they are assigned 50% fault for the accident, or more, they recover nothing.
Contributory Negligence
In states using contributory negligence, if the victim has any fault at all – even 1% – they can’t recover anything in compensation.
Note: In all comparative negligence systems, the victim’s compensation is reduced by their percentage of fault. For example, if the jury finds that the victim is 30% to blame for the accident, their total damages are reduced by 30%.
Some states have nuances to their laws. For example, a state may say that a victim recovers nothing if they willfully or wantonly cause an accident. Another nuance that some states have is applying the last clear chance doctrine.
Impact of Comparative Negligence on Your Personal Injury Claim
The South Carolina negligence law can impact a personal injury claim. It’s no surprise when a defendant raises comparative negligence in their responsive pleadings, even if their case is weak; it’s a way that a defendant may reduce their liability to pay compensation.
As the plaintiff, you should:
- Understand that South Carolina has a comparative negligence fault law.
- Defend against allegations of fault.
- Be prepared to explain how your fault compares to the defendant’s fault.
- Present evidence and arguments to support your position.
- Evaluate comparative negligence to know how it may factor into settlement negotiations.
How comparative negligence impacts a case depends on how strong the case is for shared fault. If the allegations are baseless, it may have insignificant impact on the outcome, but require a diligent defense. You may need to file a preliminary motion addressing the matter. If comparative negligence is a factor, you should evaluate how the jury may assign fault if the case were to go to trial. This evaluation should factor into the assessed value of the case and settlement negotiations.
Gathering Evidence to Minimize Your Fault
Like all comparative negligence cases, you must have evidence to minimize your fault; you should evaluate what wrongdoing is alleged. You may rely on factual witnesses, photographs, and video and expert analysis; you may need charts and graphs. With evidence to minimize fault, you can prepare a strong case to present at trial or pursue a settlement.
Importance of Having a Skilled Attorney to Handle Comparative Negligence Cases
If comparative negligence may be a factor in an injury case, it’s important to have an attorney. An attorney knows how to evaluate the legal issues, what evidence you need, and how to approach the legal process.
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Have you been injured? Do you have questions about how comparative negligence may apply? Contact Shealey Law Firm.
We represent people who have been hurt in injury accidents. We want you to get compensated. If comparative negligence may be an issue in your case, our attorneys can help you understand it, and how it may impact your case. We aggressively represent your interests and pursue your compensation.
Call or message us now to talk about your case.