The Law Offices of
L. Morgan Martin, p.A.
Serving Myrtle Beach, Conway, and all South Carolina
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Does being in a fight prevent you from getting compensation for your injuries?

People get hurt for all kinds of reasons. They fall down the stairs, get hit by cars or suffer injuries because of a defective product. Some people are injured because they suffer an assault or similar act of violence.

If you suffered massive injuries in a bar fight, you may not be able to work and have major medical bills. Losing your income might mean that you start exploring other ways you can obtain compensation right now.

In some cases, you might be able to take action against the person you fought with, especially if they started the fight. How does your role in a fight affect your legal right to financial compensation?

The South Carolina courts consider your contribution to the outcome of the fight

Assault and other acts of physical violence can constitute wrongful acts that provide grounds for civil litigation. Depending on the circumstances of the fight and the expenses and losses you have incurred because of it, you may potentially have the right to take the other person to court.

When you do, they will likely try to defend themselves based on contributory negligence. Once only a rule for car crash claims, South Carolina now applies this standard to any litigated personal injury claim. The courts will determine what percentage of fault you have and then reduce any award you received by that percentage.

This means you may still be able to receive compensation — just possibly not as much. The greater the role you played in the outcome of events, the higher the potential reduction of any compensation awarded by the court may be. Understanding state law is the first step in pursuing your rights in a personal injury claim after you get hurt by someone else.

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