When it comes to personal injury claims, negligence on behalf of the at-fault party plays a critical role. For example, in a car accident, usually, the driver who violated a traffic law is the one who is held accountable for an accident. Or, in the case of an injury that occurred at a grocery store, if the store was negligent because it failed to clean up a slippery wet spill that the staff was aware of, and someone slipped and got hurt, the store would be held accountable because of its “negligence.”
But are all personal injury claims that black and white? In all injury cases, does one party have to be 100% at-fault, or can both parties be somewhat accountable for what happened? In this article, we explain South Carolina’s shared fault rules.
South Carolina’s Modified Comparative Negligence Rule
If you file a personal injury claim, it is possible that the person you file a claim against says you are entirely or partially to blame for the accident. If this argument has any merit, you could share some of the liability. If this happens, your percentage of liability could affect the amount of compensation the at-fault party pays you.
When there is a shared fault case, South Carolina will follow the “modified negligence rule,” which makes it so the amount of compensation that is paid to you will be reduced by your percentage of fault in the accident. However, if you are more than 50 percent responsible for the accident, you won’t be able to collect any compensation from the other party.
If your personal injury case makes it to trial, be aware that the courts in the state are obligated to follow the modified negligence rule. Even if your case doesn’t make it to trial, it would not be surprising if the insurance adjuster from the other side argues that you were partially to blame for the accident. Often, this argument will come up while both sides are in the process of negotiating a settlement.
Next: 4 Reasons a Car Accident Claim is Denied
Contact the Law Office of James R. Snell, Jr., LLC to file a claim for compensation!