How Comparative Negligence Impacts Injury Claims in South Carolina

If you have been injured in a personal injury or accident, your payout will depend on your percentage of fault. Each state has different laws regarding negligence, with South Carolina allowing a plaintiff to recover damages as long as the plaintiff is not more liable than the defendant. Known as comparative negligence, many other states follow this principle. When your liability exceeds a certain threshold, you will be barred from recovery.

For over 30 years, our Conway personal injury attorneys have fought tirelessly to secure the compensation injured persons urgently need. If you or someone you love was harmed due to another’s oversight, The Law Offices of L. Morgan Martin, P.A., are ready to take immediate action on your behalf.

Proving Fault in a Conway Personal Injury Case

Personal injury claims depend on showing the wrongful party acted with less than reasonable care. This is called negligence. To prove negligence, you must show:

• Duty of care: The defendant owed you a duty of care. In a slip-and-fall case, a property owner owes a guest a duty to warn of any concealed dangers.
• Breach of duty: Through either an act or omission, the defendant failed to uphold this duty. In a slip-and-fall case, this would involve a property owner who fails to warn a guest about a wobbly step.
• Causation: The defendant’s breach of duty resulted in the plaintiff’s injuries.
• Damages: As a result of the accident, the plaintiff sustained emotional, physical, and financial damages. Common personal injury damages include medical bills, lost wages, and pain and suffering. You must sustain damages to file a personal injury claim.

Comparative Negligence Reduces a Settlement or Award

No matter who is determining your degree of fault—adjuster, judge, or jury—partial negligence will instantly reduce your compensation. For instance, if you file an injury claim for $20,000 after a car crash but are assigned 40% fault, insurance will only pay $12,000 (60% of your original claim). Your final settlement reflects your fault percentage. If you have outstanding medical bills, this reduction can become financially devastating. If you are found 51% or more at fault, you are immediately barred from recovery (the “51% rule”)—leaving you without compensation.

What Happens if There are Multiple Defendants?

Under South Carolina’s Uniform Contribution Among Tortfeasors Act, when multiple defendants are involved, a defendant who is less than 50% at fault is only liable for their share of damages. However, any defendant found to be 50% or more at fault may be held jointly and severally liable for damages (responsible for the entire amount). Of course, your degree of fault will be factored into this equation.

Importance of Legal Counsel

Maximizing your compensation depends on minimizing your liability as soon as possible. Unfortunately, insurance companies often rush to assign more fault to injured persons than is accurate. By contacting The Law Offices of L. Morgan Martin you take immediate action, our team will aggressively submit all relevant information and handle every communication with the claims adjuster. We know how intimidating insurance can be, but do not let that stand in the way of the compensation you need right now.

In many personal injury cases, noneconomic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are overlooked or underestimated, drastically reducing your claim in real time. Although these accident-related losses do not affect your pocketbook directly, they signal an urgent need to restore your quality of life. Our legal team will fight relentlessly for the full and immediate compensation you are entitled to, never settling for less.

Reach Out to Our Conway Personal Injury Attorneys Today

A personal injury comes at a high personal cost, redirecting the course of your life. At The Law Offices of L. Morgan Martin, we believe that the wrongful party should be held accountable. If you have been injured by someone else’s carelessness, do not hesitate to contact our Conway personal injury attorneys. To schedule your free consultation, contact us online or by phone at (843) 248-3177 today.